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Supposed To Be At Bva, Maybe?


abean

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Confused

Signed hubby up for ebenefits to check on his appeal for schizophrenia, and it states that it's been waiting at local VA office to be sent to BVA for 13 months now so it's still in the 1st stage of appeal.

Husband called "Peggy" last Friday and she said that decision was imminent. He then called the DAV guy (who can never get my husband's claim right) and he said that it could be at that stage for 277 days--well, it has been there for over 365. DAV also advised him to drop this appeal and go the traditional route. However, DAV still thinks my hubby's claim is for agent orange even though he wasn't even born while Vietnam was going on (moron)

Help?

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" DAV also advised him to drop this appeal and go the traditional route. "

A BVA appeal IS a traditional route. Did your husband request a DRO review?

This is strange.

Did your husband send them substantial evidence since filing the claim that could have altered their decision?

I assume he was denied and then filed a NOD. Did he get a statement of the Case and was he able to respond to that with more evidence?

I wonder if the DAV rep is spinning on his thumbs over the 646.

I had to call the BVA today.

My VARO finally sent them 2 appeals I had -one on a 2003 claim and one was on a 2004 CUE claim.

I won these claims in January. These I -9 appeals remained at the VARO for many many years.

I withdrew the appeals but told the BVA in a Fax I wished I did have an appeal there because the BVA can read.

The BVA awarded my 2009 claim that I had filed in 2003.

It took that claim, (my evidence was solid from the git go) 6 years to reach a federal VA employee who was literate.

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FYI , I had a very bad experience with the DAV sitting on a De Novo Review to DRO that never made it to DRO. It ended up at BVA > I revoked my POA and am going it alone. It actually sped up my appeal at BVA by cutting the VSO loose.

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Spoke w/ the DAV myself last night since hubby gets his wires crossed sometimes. Yes, hubby misinformed me on appeal so he is waiting on DRO review instead of BVA. It's been sitting there for over a year now waiting on the De Novo review. DAV suggested we nix this appeal and go straight into the BVA. I'm open to suggestions, but at this point, I don't know.

Hubby only has 1 claim, and it's for the schizophrenia. He has mounds of medical evidence from VA hospitals and civilian doctors, and was awarded ssdi on first try a few years back. The only thing we are hung up on is service connection since he didn't get the dx until about 10 yrs out of service. It's obvious to me that it is, because all of his paranoid actions were centered around his time in the AF and in the Gulf. This is documented in his medical file from the different doctors/ER visits/hospitilizations he's seen.

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Also--should we consider TDIU? His ssdi award is for the same issue. Most of his records are from civilian doctors, but he does have several VA hospital stays. His psychiatrist is civilan because he doesn't "trust" VA doctors, or their meds.

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